Late last week, a Federal Judge rejected an ill-fated attempt to make an end-run around the Senate to find a way to put Merrick Garland on the Supreme Court: Merrick Garland’s last, long-shot chance at being confirmed as a Supreme Court justice has now vanished: A federal judge on Thursday dismissed a case that sought to force the Senate to take up his nomination. Garland, the chief judge of …
Ninth Circuit Invalidates Class Action Waivers in Mandatory Arbitration Agreements At the end of 2015, Governor Jerry Brown vetoed AB 465, which would have banned mandatory arbitration agreements in the employment setting, including arbitration agreements with class action waivers. As many employers know, including a class action waiver in an arbitration agreement or clause has been a great …
In a ruling that widens the divide between federal appellate courts, the Ninth Circuit sided today with the Seventh Circuit and the National Labor Relations Board (“NLRB”) in holding that the class action waiver provision of a company’s arbitration agreement with employees violates the National Labor Relations Act (“NLRA”). Prior to this decision, the Seventh Circuit was alone in its dissention …